Common misconceptions that employees have at Christmas

Christmas isn’t only celebrated by families but by many businesses too, this may include team bonding activities or even a Christmas party. However, over the festive period, we often see a rise in the same questions being asked. 

That’s why we have listed the 4 most common questions asked by employees at Christmas:

Q: Can I be fired for getting too drunk at the work Christmas party?

A: Generally speaking you cannot be fired for simply being ‘too drunk’ but if this leads to bad behaviour (sexual harassment, discrimination) then disciplinary action can be taken against you if the event you attend is considered to be within the ‘course of employment.’

Tip for attending a Christmas party:

It’s important to remember to stay professional at all times. By this, we don’t mean being uptight but let your hair down with caution and consider your alcohol intake. Alcohol may be provided but you need to consider the impact it could have on your behaviour and employment!

Q: What are my rights as a temporary Christmas employee?

A: You are entitled to the national minimum wage, rest breaks and are protected from discrimination and whistleblowing. If your employment continues for 12 weeks or longer then you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Q: Is it a legal right to have Christmas day off?

A: There is no legal entitlement for employees to have Christmas day off unless their contract states differently. If you are a Christian, you cannot refuse for religious reasons. However, you could potentially have an indirect religious discrimination claim, if you are refused the day off.  For a claim to be successful you would need to establish that you were placed at a disadvantage as compared with someone of a different faith, or no religion. Furthermore, an employer will have a defence if they can evidence that their decision was a proportionate means of achieving a legitimate aim. 

Q: Is there a legal minimum workplace temperature?

A: There is no specific legal temperature that the workplace should not fall below but for sedentary workers, it is recommended to be no lower than 16 degrees. 

Our Employment Law Team are experts in dealing with all aspects of employment law. To speak with one of our employment team, please call them on 01302 341414 or 0114 272 1884 or fill out our online enquiry form.

We have further articles on our website relating to employment law, here are three that you may find helpful:

• How many sick days do I have before disciplinary action? 
• What does discrimination mean and how do I deal with it? 
• What is unfair dismissal? 

All of the staff here at Taylor Bracewell would like to wish you a very Merry Christmas and a Happy New Year.